Tweet
Hi all,
My fiance is on a J1 and is subject to sec. 212 (the two-year home-country physical presence requirement). We got engaged in January, and plan to get married this May in India. She'll need to get her J1 renewed at that time. I'm wondering whether there's going to be a problem doing so, given my background:
I am on an H-1B and have an approved I-140 with a priority date of 5/2008. Recently, I moved to another state and I have to do it all over again, but the fact remains that I did start the permanent residence process.
In my fiance's DS-160, my status has to be provided, since I'm her immediate relative. The choices are: citizen, permanent resident, non-immigrant, other/don't know.
Questions:
1. Is there going to be any problem in renewing her J1? Would the consulate take the time to find who her fiance is and what is his immigration filing history, and deny her the visa?
2. What should be my current status? 'Nonimmigrant' seems to be the closest one.
3. Would it make any difference if the stamping was done before or after the marriage?
Thanks a lot in advance!
My fiance is on a J1 and is subject to sec. 212 (the two-year home-country physical presence requirement). We got engaged in January, and plan to get married this May in India. She'll need to get her J1 renewed at that time. I'm wondering whether there's going to be a problem doing so, given my background:
I am on an H-1B and have an approved I-140 with a priority date of 5/2008. Recently, I moved to another state and I have to do it all over again, but the fact remains that I did start the permanent residence process.
In my fiance's DS-160, my status has to be provided, since I'm her immediate relative. The choices are: citizen, permanent resident, non-immigrant, other/don't know.
Questions:
1. Is there going to be any problem in renewing her J1? Would the consulate take the time to find who her fiance is and what is his immigration filing history, and deny her the visa?
2. What should be my current status? 'Nonimmigrant' seems to be the closest one.
3. Would it make any difference if the stamping was done before or after the marriage?
Thanks a lot in advance!
